by Douglas Ankney
The Texas Court of Criminal Appeals (“TCCA”) held that, although a subsequent indictment recited the same statutory language as the original indictment, the statute of limitations (“SOL”) was not tolled because the subsequent indictment failed to charge the same conduct, act, or transaction, as required by Hernandez ...
by Douglas Ankney
The Supreme Court of Idaho rejected the “instinctive entry rule” as an exception to the warrant requirement where a drug-sniffing dog breached the interior of a vehicle and the law enforcement officer did not otherwise have probable cause for the search, and thus, the Court reversed the ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) held that there is no categorical rule allowing a warrantless entry into a home when police are pursuing a misdemeanant.
Arthur Lange drove past a California highway patrol officer with music blaring through open windows while repeatedly honking his ...
by Douglas Ankney
The Supreme Court of Pennsylvania announced a new framework for enforcing the right to effective counsel in a 42 Pa.C.S. §§ 9541-9546, Post-Conviction Relief Act (“PCRA”), proceeding.
Aaron Bradley was convicted by jury of multiple felonies, including first degree murder, in connection with the shooting death of ...
Holds Model Jury Instruction 2.6-14 Failed to Correctly Inform Jury on Investigative Inadequacy
by Douglas Ankney
The Supreme Court of Connecticut held that Model Jury Instruction 2.6-14 failed to correctly inform the jury of Wagner Gomes’ right to “rely upon relevant deficiencies or lapses in the police investigation to raise ...
by Douglas Ankney
The Supreme Court of Nevada held that Samuel Howard’s claim that he is now actually innocent of the death penalty was sufficient to overcome procedural bars to habeas relief.
In 1983, Howard was convicted of robbery and murder with the use of a deadly weapon. The jury ...
by Douglas Ankney
In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting framework of United States v. Asch, 207 F.3d 1238 (10th Cir. 2000), in announcing that (1) personal-use drug quantity doesn’t constitute “relevant conduct” under Guidelines § 1B1.3(a) for ...
by Douglas Ankney
The Supreme Court of the United States (“SCOTUS”) reversed a decision of the U.S. Court of Appeals for the Tenth Circuit that had reversed the U.S. District Court for the Eastern District of Oklahoma’s finding of qualified immunity for police officers who shot and killed a man ...
by Douglas Ankney
The California Court of Appeal, Second District, held that a trial court is bound to provide notice and consider information provided by the parties before ruling on a California Department of Correction and Rehabilitation (“CDCR”) recommendation to recall a prisoner’s sentence pursuant to California Penal Code § ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit clarified the standard of review for revocation of bond when the arrestee is alleged to have violated conditions of release.
Lashawn Wilks was arrested on numerous serious offenses, including conspiracy to distribute methamphetamine. He was released on bond ...
